Victorian Numbered Regulations

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New trial

    (1)     On the hearing of an appeal, if it appears to the Court of Appeal that there ought to be a new trial, the Court of Appeal may order that the judgment, or the verdict and judgment, be set aside and that there be a new trial.

    (2)     Unless in the opinion of the Court of Appeal some substantial wrong or miscarriage has been occasioned thereby in the trial, a new trial shall not be granted—

        (a)     on the ground of misdirection;

        (b)     on the ground of the improper admission or rejection of evidence; or

        (c)     because the verdict of the jury was not taken on a question which the trial judge was not asked to leave to it.

    (3)     If it appears that any substantial wrong or miscarriage referred to in paragraph (2) affects part only of the matter in controversy or some or one only of the parties, the Court of Appeal may—

        (a)     give final judgment as to part of the matter or as to some or one only of the parties; and

        (b)     direct a new trial as to the other part only or as to the other party or parties.

    (4)     Paragraphs (2) and (3) apply whether or not the proceeding was tried with a jury.

    (5)     A new trial may be ordered on any question, whatever the grounds for the new trial, without interfering with the decision on any other question.

    (6)     A new trial shall not be granted by reason of any ruling—

        (a)     that the stamp on any document is sufficient; or

        (b)     that the document does not require a stamp.

    (7)     The Court of Appeal, in the order granting a new trial, may give all necessary directions for the further conduct of the proceeding.

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